... contention, or endanger the peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or a public inn, I may lawfully seize him to my own use; but I cannot justify breaking open a private stable, or entering on... Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Page 183by Great Britain. Court of Common Pleas, Peregrine Bingham - 1834Full view - About this book
| Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...and I find him in a common, a fair, or a public inn, I may lawfully seize him to my own use : but 1 cannot justify breaking open a private stable, or...stolen ; but must have recourse to an action at law. III. As recaption is a remedy given to the party himself, for an injury to his personal property, so... | |
| Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1832 - 874 pages
...peace of society. If, for instance, my horse is taken away, and I find him in a common, a fair, or public inn, I may lawfully seize him to my own use;...stolen; but must have recourse to an action at law." If, then, the common law will not allow a party to resort to force, for the purpose of retaking his... | |
| Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1836 - 550 pages
...find him in a common, a fair, or a public inn, I may lawfully seize him to my own use ; but I crfnnot justify breaking open a private stable, or entering...stolen ; but must have recourse to an action at law.' A case has been suggested in which the owner might have no remedy where the occupier of the soil might... | |
| William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...ordinary process of law. If for instance my horse is taken away, and I find him in a common fair, or public inn, I may lawfully seize him to my own use...stolen ; but must have recourse to an action at law. There is a remedy of the same kind for injuries to real property, by entry on lands and tenements,... | |
| Richard Burn - Justices of the peace - 1845 - 1382 pages
...horse is taken away, and I find him in a common, a/air, or a public inn, I may lawfully seize him to my to sea on her voyage with such persons as aforesaid...that no principal officer, governor, or of what racti And the learned commentator cites 2 Roll. Rep. 55, 208 ; 2 Roll. Ab. 565. It is conceived, however,... | |
| Herbert Broom - Legal maxims - 1845 - 544 pages
...justify breaking open a private stable, or entering on the grounds of a third person, to take him, unless .he be feloniously stolen, but must have recourse to an action at law (a). Lastly, it was further resolved, in the principal case Mode or pleading. above referred to, that,... | |
| Tennessee. Supreme Court, West Hughes Humphreys - Law reports, digests, etc - 1850 - 862 pages
...him to my own use ; but I cannot justify breaking open a private stable, or entering on the ground of a third person to take him, except he be feloniously...stolen; but must have recourse to an action at law." It is claimed that the authorities in this and other States of this Union, in relation to the recaption... | |
| Horace Mann - Slavery - 1851 - 588 pages
...justify breaking open a private stable, or entering on the grounds of a third person, to take him, should he be feloniously stolen; but must have recourse to an action at law" — Comm. 4, 5. But the opinion expressed by me on this point does not need the authority of any name... | |
| Horace Mann - Slavery - 1851 - 626 pages
...justify breaking open a private stable, or entering on the grounds of a third person, to take him, should he be feloniously stolen; but must have recourse to an action at law." — Comm. 4, 5. But the opinion expressed by me on this point does not need the authority of any name... | |
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